Not so I am afraid. In the old adage there has to be "blame if there is a claim" and if the driver had been comatose, incapacitated or (as sometimes happens, dead) there might be no negligence.

In these circumstances the claimant has to show that the defendant by their negligence had placed others in harm's way.

So if - for example - there was a pre-existing heart condition, brain tumour or epilepsy then the claim would be likely to succeed as the defendant would have been aware of the risk, but if the condition had not been pre-diagnosed or warned then the claim would fail on the basis that the third party could not have been negligent and Ben10 would have been reliant on his own insurer to pay out.

It depends on the situation. For example If a car failed mechanically and stopped dead and another vehicle ran into the back of it then the rear vehicle would be at fault for not being able to stop in time.

But if the suspension failed on the motorway causing the vehicle to change lanes and sideswipe another then the swerving vehicle would probably be ruled at fault as a result of the mechanical failure.

The incapacity of the driver is another matter and unless they had been warned that they were a risk there may well be no claim on their insurance.